RESPONSE TO NIBU CONSULTATION ON PROPOSED AMENDMENTS TO THE CONSTITUTION

The KMBC Board welcomes the opportunity to respond to the proposed amendments to the NIBU Constitution. We have met and considered the views of those members who have responded personally as well as those raised by the Board. The discussion was wide ranging and points were raised which pertained not only to the proposed amendments but associated issues and these issues have also been included in the following summary of our discussions.

3.1 The Council

This is composed of six officers (who are all members of the Management Committee), and seven non-officers. The over-representation of members of the Management Committee on the Council means that it is extremely unlikely that Council will overrule the Management Committee. This is especially true when the lack of reporting of Conflicts of Interest at Council meetings is taken in to account. KMBC believe that the over-representation of Management Committee on Council could be redressed by increasing the number of non-office bearers on the Council. We would suggest 12 non-office bearers which would give a ratio of 2:1.

Clause 3.1.1 (i):Verbal reports make it virtually impossible to ensure that the Minutes of any meeting are an accurate record. The consensus of opinion at KMBC was that verbal reports should not be permitted unless it is stipulated that they are followed-up with a written record to accompany the Minutes when they are posted on the Web.

Clause 3.1.1 (j): Great concern was expressed at the use of the word ‘usually’ and the phrase ‘at which they are agreed’in this Clause. It is our opinion that the change of wording is ambiguous. To state that the Minutes will be posted within fourteen days after a meeting at which they are agreed could lead to a gap of at least three months – or more - if they are not agreed at the next Council meeting. Furthermore, if an observer happens to make a contribution to a meeting and does not attend the next one he/she will be unable to comment on the accuracy of that contribution. KMBC are not in agreement with the changes to this Clause on the basis that they would lead to a lack of openness and transparency of Union business.

3.1.4 Powers

Disciplinary policy and dispute procedures are unclear. 3.1.4 (c) indicates that the Council can discipline affiliated clubs. Additionally, Council has the power to overrule the judgements of any committee (Clause 5e) which brings into question the role of the Laws and Ethics Committee. Furthermore, there is no reference to disciplinary/dispute procedures in relation to office bearers and/or other members of Council. It was further noted that the Disciplinary Code could not be found on the Web. The Constitution needs to have a clear indication as to how ALL disputes and disciplinary issues are to be resolved regardless of the status of that individual.

3.2 Management Committee

We consider that the duties and powers of the Management Committee overlap with those of the Council and are too loosely defined leading to ambiguity of roles and power. We believe that they should be detailed with greater clarity in the Constitution.

5. Sub-Committees

As with the Management Committee it would be helpful to have details as to the role and powers of each Sub-committee and how members are elected to a Sub-committee. It would be especially useful to have some greater clarity around the Laws and Ethics Committee. The KMBC was particularly concerned that any judgement by the Laws and Ethics Committee could be overruled by Council.

10. Interpretation

The overwhelming opinion of KMBC was that Clause 10 is not necessary. However, this does not negate the need to have some means of resolving disagreements regarding interpretation of the Constitution in a fair and unbiased manner.[1] One possibility here would be the appointment of an Appeals Panel (made up of non-office bearers) or referral to an independent body outside the NIBU. The latter would ensure an unbiased reading of the Constitution and is our preferred option.

Voting Rights

We have been asked to comment on the current method of voting as opposed to the previous system of delegates from clubs. We appreciate that this is a contentious issue and opinion was divided but the majority preferred the previous system of delegates appointed by each club. The current system could have the result of an unbalanced Council for whatever reason and we would need some safeguard that this should not occur.

29th February 2016

Address and Registered Office: Unit A1 Sydenham Business Park, 20 Heron Road, Belfast BT3 9LE.

Company No: NI 615888. Charity No: NIC101823.

The Club is affiliated to the Northern Ireland Bridge Union.

[1]It was noted that resolving such issues might be considered in the Disciplinary Code previously mentioned but we were unable to find this document on the Web.